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PEOPLE v. HUFFMAN

Docket No. 252315.

702 N.W.2d 621 (2005)

266 Mich. App. 354

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Timothy Bruce HUFFMAN, Defendant-Appellant.

Court of Appeals of Michigan.

Decided May 10, 2005, at 9:05 a.m.

Released for Publication July 26, 2005.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, William A. Forsyth, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, for the people.

Varnum, Riddering, Schmidt & Howlett, L.L.P. (by Peter J. Armstrong), Grand Rapids, and Ralph C. Simpson, Detroit, Gary N. Gershon, Cedar Springs, and Michael J. Steinberg, Detroit, for the defendant.

Westrate and Holmstrom (by Mark A. Westrate), Dowagiac and Spiegel & McDiarmid (by James N. Horwood, Peter J. Hopkins, and Allison L. Driver), Washington, DC, for Alliance for Communications Democracy and the Alliance for Community Media, amici curiae.

Robin S. Whitehead, New York City, for Morality in Media, Inc., amicus curiae.

Before: SCHUETTE, P.J., and FITZGERALD and BANDSTRA, JJ.

BANDSTRA, J.

Defendant produced and arranged for the cable transmission of a television show featuring exposed genitalia. In this appeal, he seeks to have his conviction under Michigan's open or indecent exposure statute overturned primarily because of his arguments that the statute does not apply to television programming and that, if it does, he cannot be convicted under First Amendment principles. We conclude, both because the statute includes no limitation that...

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